The opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 L.S., Case No. 2:24-cv-05026-WLH-ADS
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Plaintiff,
13 [DISCOVERY DOCUMENT:
v. REFERRED TO MAGISTRATE
14 JUDGE AUTUMN D. SPAETH]
MINDGEEK S.A.R.L., a foreign entity;
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MG FREESITES LTD, a foreign entity; Judicial Officer: Wesley L. Hsu
16 MINDGEEK USA INCORPORATED,
a Delaware corporation; MG STIPULATED RE-TRIAL
17 PREMIUM LTD, a foreign entity; MG PROTECTIVE ORDER AS TO
GLOBAL ENTERTAINMENT INC., a THE IDENTITY OF PLAINTIFF
18 Delaware corporation; 9219-1568 L.S.
QUEBEC, INC., a foreign entity;
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BERND BERGMAIR, a foreign
20 individual; FERAS ANTOON, a
foreign individual; DAVID
21 TASSILLO, a foreign individual; VISA
INC., a Delaware corporation;
22
REDWOOD CAPITAL
23 MANAGEMENT, LLC, a Delaware
limited liability company; REDWOOD
24 DOE FUNDS 1-7; COLBECK
CAPITAL MANAGEMENT, LLC, a
25 Delaware limited liability company;
COLBECK DOE FUNDS 1-3,
26
27 Defendants.
1 1. Plaintiff alleges she is a victim of child sex trafficking and child
2 pornography and commenced an action against Defendants in the above caption
3 under a pseudonym. Plaintiff seeks a protective order governing the circumstances
4 and terms by which her identity may be disclosed to and by Defendants to minimize
5 the potential for alleged harassment were her identity disclosed, and to avoid the
6 stigma and embarrassment that would accompany exposure of her identity beyond
7 what is necessary in this litigation. In a related case against MindGeek, this Court
8 recognized that a protective order would be an appropriate vehicle “to provide
9 Defendants’ counsel with their true identities if necessary in the litigation.” Fleites
10 v. MindGeek S.A.R.L., 2021 WL 2766886, at *1 (C.D. Cal. June 28, 2021).
11 2. Counsel for Plaintiff shall provide to counsel for the Defendants the
12 Plaintiff’s name and alias names used at any time (as recalled by Plaintiff) (“True
13 Identity”) within 7 days of the entry of this Order.
14 3. The Parties, as well as their agents, employees, and assigns, and any
15 person or entity who has signed the agreement to be bound by this Protective Order
16 (Exhibit A), shall keep the True Identity of Plaintiff confidential during and after the
17 conclusion of this matter. The Parties reserve, however, all of their respective rights
18 in discovery, including to issue subpoenas, take depositions, and request information
19 and documents from or regarding any person who has knowledge of the creation,
20 posting or distribution of any videos or images relevant to Plaintiff’s allegations.
21 With that reservation, the Parties agree that they may only disclose Plaintiff’s True
22 Identity to the following:
23 A. The Parties to this litigation, including any employees, agents, and
24 representatives of the Parties as needed to litigate any claims or
25 defenses;
26 B. Counsel for the Parties and employees, agents, and representatives of
27 counsel as needed to litigate any claims or defenses;
1 D. Any custodian of records, but only to the extent that Plaintiff’s True
2 Identity will assist the custodian in obtaining and producing records
3 after signing the agreement to be bound by this Protective Order. If the
4 custodian of records or their counsel fails or refuses to sign that
5 agreement, the Parties shall meet and confer regarding the proposed
6 disclosure. Consent shall not be unreasonably withheld. If the Parties
7 fail to reach consent, they hereby agree that such dispute shall be
8 resolved pursuant to the Magistrate Judge’s Informal Discovery Dispute
9 Resolution Process: https://www.cacd.uscourts.gov/honorable-autumn-
10 d-spaeth;
11 E. Persons to whom disclosure is compelled by law, including (but not
12 limited to) by subpoena, warrant, or court order with 14 days prior
13 notice to all counsel of record for the Plaintiff, further before disclosure
14 is made Defendants will advise the requesting party of this Order and
15 request that they sign the agreement to be bound by this Protective
16 Order;
17 F. Persons to whom disclosure is necessary in order for Defendants to
18 obtain relevant discovery or otherwise prepare a good-faith defense,
19 after signing the agreement to be bound by this Protective Order. If
20 such person(s) or their counsel fails or refuses to sign that agreement,
21 the Parties shall meet and confer regarding the proposed disclosure.
22 Consent shall not be unreasonably withheld. If the Parties fail to reach
23 consent, they hereby agree that such dispute shall be resolved pursuant
24 to the Magistrate Judge’s Informal Discovery Dispute Resolution
25 Process: https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth;
26 G. Independent providers of document reproduction, electronic discovery,
27 or other litigation services retained or employed specifically in
1 connection with this litigation, after signing the agreement to be bound
2 by this Protective Order;
3 H. Court reporters, recorders, and videographers engaged for depositions,
4 after signing the agreement to be bound by this Protective Order;
5 I. Any mediator appointed by the Court or jointly selected by the Parties,
6 after signing the agreement to be bound by this Protective Order;
7 J. Any expert witness, outside consultant, or investigator retained
8 specifically in connection with this litigation, after signing the
9 agreement to be bound by this Protective Order;
10 K. Any deponent or fact witness and their counsel, after signing the
11 agreement to be bound by this Protective Order— subject to disclosure
12 occurring no earlier than 15 days prior to the noticed deposition date or
13 date of trial testimony. If the deponent or fact witness or their counsel
14 fails or refuses to sign that agreement, the Parties shall meet and confer
15 regarding the proposed disclosure. Consent shall not be unreasonably
16 withheld. If the Parties fail to reach consent, they hereby agree that such
17 dispute shall be resolved pursuant to the Magistrate Judge’s Informal
18 Discovery Dispute Resolution Process:
19 https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth;
20 L. Government agencies and agency personnel, including law enforcement
21 and law enforcement personnel, but only to the extent that the
22 disclosure of Plaintiff’s True Identity is necessary to litigate any claims
23 or defenses or to comply with any applicable legal obligations or
24 requirements; and
25 M.Other persons or entities as needed to litigate any claims or defenses
26 upon consent of the Parties. A meet and confer must be held regarding
27 any such disclosure. Consent shall not be unreasonably withheld. If the
1 authorized under the terms of this Protective Order, the Parties hereby
2 agree that such dispute shall be resolved pursuant to the Magistrate
3 Judge’s Informal Discovery Dispute Resolution Process:
4 https://www.cacd.uscourts.gov/honorable-autumn-d-spaeth.
5 4. The provisions of this Order shall apply to any disclosure of Plaintiff’s
6 True Identity throughout the course of this Action, regardless of whether such
7 disclosure may occur through written, electronic, or oral means. Plaintiff’s True
8 Identity may not be disclosed or used for any other purpose other than litigating this
9 action.
10 5. The Parties and any non-parties shall redact from all public filings all
11 identifying information of Plaintiff, including: (i) name and aliases; (ii) names of
12 family members; (iii) date of birth; (iv) social security number or other government-
13 issued identification numbers; (v) addresses; (vi) phone numbers; (vii) photographs
14 or other images; (viii) physical descriptors; (ix) medical records; and (x) social
15 media or other online accounts, including accounts on Pornhub, Redtube, or other
16 sites owned by Defendants. Upon the filing of a redacted document, the filing party
17 must simultaneously file an unredacted copy under seal and provide an unredacted
18 copy to the other party. This order shall constitute the specific court order required
19 for filing under seal pursuant to Local Rule 79-5.2.2. In other words, the parties
20 need not file a further administrative motion prior to each filing under seal pursuant
21 to this Protective Order. For avoidance of doubt, redactions should not be applied to
22 the documents exchanged in discovery between the parties on the basis of this
23 Protective Order.
24 6. To the extent any Party or non-party has questions or concerns about
25 whether any forthcoming filing complies with the requirements of this Order, such
26 party or nonparty should seek leave of Court prior to submitting any such filing.
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1 DATED: November 8, 2024 /s/ Michael J. Bowe
Michael J. Bowe
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mbowe@brownrudnick.com
3 Lauren Tabaksblat
BROWN RUDNICK LLP
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ltabaksblat@brownrudnick.com
5 7 Times Square
New York, NY 10036
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Phone: 212.209.4800
7 Fax: 212.209.4801
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David M. Stein (State Bar #198256)
9 dstein@olsonstein.com
10 OLSON STEIN LLP
240 Nice Lane #301
11 Newport Beach, CA 92663
12 Phone: 949.887.4600
13 Attorneys for Plaintiff
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15 DATED: November 8, 2024 /s/ Esteban Morales Fabila
16 Seth R. Goldman (pro hac vice app.
forthcoming)
17 srgoldman@mintz.com
18 MINTZ, LEVIN, COHN, FERRIS,
GLOVSKY AND POPEO, P.C.
19 919 Third Avenue
20 New York, NY 10022
Telephone: (212) 692-6845
21 Facsimile: (212) 983-3115
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Peter A. Biagetti (admitted pro hac
23 vice)
pabiagetti@mintz.com
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MINTZ, LEVIN, COHN, FERRIS,
25 GLOVSKY AND POPEO, P.C.
One Financial Center
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Boston, MA 02111
27 Telephone: (617) 542-6000
Arameh Z. O’Boyle (SBN 239495)
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azoboyle@mintz.com
2 Esteban Morales Fabila (SBN 273948)
emorales@mintz.com
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MINTZ, LEVIN, COHN, FERRIS,
4 GLOVSKY AND POPEO, P.C.
2049 Century Park East, Suite 300
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Los Angeles, CA 90067
6 Telephone: (310) 586-3200
Facsimile: (310) 586-3202
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Attorneys for Defendants MindGeek
9 S.à r.l., MG Freesites Ltd, MindGeek
10 USA Incorporated, MG Premium Ltd,
MG Global Entertainment Inc., and
11 9219-1568 Quebec Inc.
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13 DATED: November 8, 2024 /s/ Ronald G. White
14 Ronald G. White
rwhite@wmhwlaw.com
15 Walden Macht Haran & Williams
16 LLP
250 Vesey Street, 27th Floor
17 New York, New York 10281
18 Telephone: 212.335.2387
19 Attorney for Defendant Bernd Bergmair
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21 DATED: November 8, 2024 /s/ Matthew V. Povolny
22 Jason Brown
JBrown@CohenGresser.com
23 Matthew V. Povolny
24 mpovolny@cohengresser.com
Cohen & Gresser LLP
25 800 Third Avenue
26 New York, NY 10022
Telephone: 212.957.7561
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2 DATED: November 8, 2024 /s/ Jonathan S. Sack
Jonathan S. Sack
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jsack@maglaw.com
4 Morvillo Abramowitz Grand Iason &
Anello P.C.
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565 Fifth Avenue
6 New York, New York 10017
Telephone: 212.880.9410
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8 Attorney for Defendant David Tassillo
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10 DATED: November 8, 2024 /s/ Drew Tulmello
Drew Tulumello
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Drew.Tulumello@weil.com
12 Arianna Scavetti
13 arianna.scavetti@weil.com
Sydney Hargrove
14 Sydney.Hargrove@weil.com
15 Weil, Gotshal & Manges LLP
2001 M Street NW
16 Washington, DC 20036
17 Telephone: 202.682.7000
18 Nicole Comparato
19 Nicole.Comparato@weil.com
Weil, Gotshal & Manges LLP
20 1395 Brickell Avenue, Suite 1200
21 Miami, FL 33131-3368
Nicole.Comparato@weil.com
22 Telephone: 305.577.3100
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Attorneys for Defendant Visa, Inc.
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DATED: November 8, 2024 /s/ James M. Pearl
26 James M. Pearl
27 jamespearl@paulhastings.com
Paul Hastings LLP
1999 Avenue of the Stars, 27th Floor
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Century City, CA 90067
2 Telephone: 310.620.5700
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Adam M. Reich
4 adamreich@paulhastings.com
Paul Hastings LLP
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515 Flower St, 25th Floor
6 Los Angeles, CA 90071
Telephone: 213.683.6000
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8 Attorneys for Defendant Redwood
9 Capital Management, LLC
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DATED: November 8, 2024 /s/ David G. Hille
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David G. Hille
12 dhille@whitecase.com
13 Kevin C. Adam
kevin.adam@whitecase.com
14 White & Case LLP
15 1221 Avenue of the Americas
New York, NY 10020-1095
16 Telephone: 212.819.8200
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Russell J. Gould (Bar No. 313352)
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russell.gould@whitecase.com
19 White & Case LLP
555 South Flower Street, Suite 2700
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Los Angeles, CA 90071-2433
21 Telephone: 213.620.7700
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Attorneys for Defendant Colbeck
23 Capital Management, LLC
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
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DATED: January 15, 2025 ________/_s_/ _A_u_t_u_m_n_ _D_._ S_p_a_e_t_h_______
4 Honorable Autumn D. Spaeth
United States Magistrate Judge
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1 EXHIBIT A
2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
3 I, _____________________________ [print or type full name], of
4 _________________ [print or type full address], declare under penalty of perjury
5 that I have read in its entirety and understand the Stipulated Pre-Trial Protective
6 Order as to the Identity of Plaintiff L.S. that was issued by the United States District
7 Court for the Central District of California in the case of L.S. v. MindGeek S.A.R.L.
8 et al., Case No. 2:24-cv-05026-WLH-ADS. I agree to comply with and to be bound
9 by all the terms of this Order, and I understand and acknowledge that failure to so
10 comply could expose me to sanctions and punishment in the nature of contempt. I
11 solemnly promise that I will not disclose in any manner any information or item that
12 is subject to this Order to any person or entity except in strict compliance with the
13 provisions of this Order.
14 I further agree to submit to the jurisdiction of the United States District Court
15 for the Central District of California for the purpose of enforcing the terms of this
16 Order, even if such enforcement proceedings occur after termination of this action.
17 I hereby appoint __________________________ [print or type full name] of
18 _______________________________________ [print or type full address and
19 telephone number] as my California agent for service of process in connection with
20 this action or any proceedings related to enforcement of this Order.
21
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23 Date: ______________________________________
24 City and State where sworn and signed: _________________________________
25 Printed name: _______________________________
26 Signature: __________________________________
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